Canada Case Law

R. v. Beaucage

Court

Court of Appeal for Ontario

Although the trial judge could have given stronger cautions in respect of identification and made a minor misdirection on present intentions hearsay, the instructions and evidentiary rulings were within discretion, the probative value of the challenged evidence outweighed prejudice, and the totality of the circumstantial evidence formed a reliable basis for conviction; accordingly the appeal is dismissed and the conviction and sentence are affirmed.

Source excerpt

• First degree murder
• Eyewitness identification
• Hearsay exceptions
• Propensity/discreditable conduct
• Consciousness of guilt/innocence
• Admission of gruesome autopsy photographs

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Wray v. R.

Court

Supreme Court of Canada

The Supreme Court of Canada held that, on these facts, evidence of voluntary surrender and lack of flight had no probative value and was properly excluded.

• Admissibility of evidence
• Consciousness of guilt/innocence
• Voluntary surrender
• Probative value
• Second trial
• Criminal-law

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